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#1 Posted : 28 March 2006 11:31:00(UTC)
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Posted By Bill Morrison We have a number of sites in the UK, mostly constructed after 2001 all of which we lease, and are managed through managing agents. I am attempting to put together information on asbestos, and have a couple of questions please. What obligation does the managing agent have to carry out a asbestos survey/risk assessments if any? And would a letter from them stating that there is no asbestos on site be sufficient to of met our duties to identify any asbestos on site? Or do we need to carry out our own suvery/risk assesment. Many Thanks Bill
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#2 Posted : 28 March 2006 12:02:00(UTC)
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Posted By Robert K Lewis Bill HSE view is that post 1998 buildings do not have asbestos! My understanding of the complex statements of regulation 4 means that whoever is in direct control of the premises by virtue of tenancy, contract, an obligation for maintenance or repair or any person who has to any extent control of part or all of the premises. This means I think that you can push the whole morass over to them. When their management term ends they will be obliged to pass back to you any information they have in the H&S file for the building. Bob
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#3 Posted : 28 March 2006 12:13:00(UTC)
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Posted By Dave Wilson Bill, if you read the guidance every non-domestic property has to be 'audited' 'inspected' or surveyed to discover whether you have Asi within your premises OR you can rely on other 'Good Evidence' that none exists! if found you then have to not just produce a register but a management policy / plan and then enforce it (manage it!) I can safely say that as these were constructed after the final statuitory ban of asbestos within the UK (99) that you can say with confidence that they do not and have not contained ACM's. I work for an Asbestos Company and we get asked to inspect post 2000 properties and we tell the client not to bother as we will charge you for writing one piece of paper saying that none exists and they then get the message.
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#4 Posted : 28 March 2006 13:29:00(UTC)
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Posted By Stuart Nagle Bill If there are common areas, i.e. your presises are divided into let units to different companies or tennants who share common areas such as toilets, access/egress etc, you would be responsible for these common areas and the persons/companies leasing the premises would be responsible for the areas under their control (if a workplace). If residential then the onus would fall on the owner to assess... This is how, in 99.99% of cases regulation 4 of the CAWR is managed. Stuart
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